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My Uncomfortable Job Situation.

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  1. #1

    Join Date
    Jan 2015
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    My Uncomfortable Job Situation.

    Hey guys,

    I am a foreigner working in HK. Before I took on the job, I talked with the office about salary. We agreed and signed the contract. They had me submit the contract to immigration.

    A month later, I received my salary and found it to be lower than what my contract states. I brought it up with the office. They told me that we didn't agree with the certain amount. They also told me that the documents I submitted to immigration was just a "template".
    Will I get in trouble with immigration? Is there anything I can do (besides quitting)? Do I have any rights? I hope this post makes sense. Any advice would be appreciated. Thanks guys


    TD:LR: Signed contract with job for certain amount of money. Submitted the contract and docs to immigration. Received pay and pay is lower. Job tells me they didn't offer me amount on contract. They say contract just template. Seeking advice.

    Shak852 likes this.

  2. #2

    Join Date
    Jul 2010
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    Hong Kong
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    What I would recommend is to talk to the Labour Department. Saying the contract was "just" a template won't work unless you have another contract which voids the first one and does list your "correct" salary.

    Even then, by submitting a template is sort of illegal I assume. (others here might know more about this)

    You should receive the salary mentioned in your contract. I hope you do realise that you are working for a company which exploits foreign employees using the "Sponsor Visa" as a tick to keep you working for them.

    Modern Age Slavery

    oh btw, who are you working for?

    Artlife likes this.

  3. #3

    Join Date
    Feb 2011
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    Quote Originally Posted by Artlife:
    Hey guys,

    I am a foreigner working in HK. Before I took on the job, I talked with the office about salary. We agreed and signed the contract. They had me submit the contract to immigration.

    A month later, I received my salary and found it to be lower than what my contract states. I brought it up with the office. They told me that we didn't agree with the certain amount. They also told me that the documents I submitted to immigration was just a "template".
    Will I get in trouble with immigration? Is there anything I can do (besides quitting)? Do I have any rights? I hope this post makes sense. Any advice would be appreciated. Thanks guys


    TD:LR: Signed contract with job for certain amount of money. Submitted the contract and docs to immigration. Received pay and pay is lower. Job tells me they didn't offer me amount on contract. They say contract just template. Seeking advice.
    What does your contact say? Do you have a copy? Anyway labour department will go based on the signed copy that you have. I doubt they check the version submitted to immigration.

    Another issue is the time and whether you have the energy and will to fight this. Given your short tenure it might not be worth your energy. And likely you need the money and not to be taking days off going to court while you have a new job.

    Given all this I recommend to go to court because it's the only way employers will learn to follow the rules. But they know most employees can't be bothered so the scamming continues...
    Artlife likes this.

  4. #4

    Join Date
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    Go to the Labour department. Don't mention the stuff about the visa - just tell them your employer is not paying you what they said they would in the contract they gave you. (the original one). Labour Department is very good. The law is on your side. If you come from a country where this is not the case, I can understand your concern, but on the whole HK is first world and not a corrupt third world countries where employers bribe officials. You are the one being scammed here and they can help.

    TheBrit, MandM!, spode and 5 others like this.

  5. #5

    Join Date
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    Quote Originally Posted by Artlife:
    Hey guys,

    I am a foreigner working in HK. Before I took on the job, I talked with the office about salary. We agreed and signed the contract. They had me submit the contract to immigration.

    A month later, I received my salary and found it to be lower than what my contract states. I brought it up with the office. They told me that we didn't agree with the certain amount. They also told me that the documents I submitted to immigration was just a "template".
    Will I get in trouble with immigration? Is there anything I can do (besides quitting)? Do I have any rights? I hope this post makes sense. Any advice would be appreciated. Thanks guys


    TD:LR: Signed contract with job for certain amount of money. Submitted the contract and docs to immigration. Received pay and pay is lower. Job tells me they didn't offer me amount on contract. They say contract just template. Seeking advice.
    You have not declared income nor provided the employment contract, that is a requirement by the sponsoring company (declaration on the form and requirement to submit photocopy of contract as proof). So if there is any difference between what was submitted to support your visa application and what you are being paid (minus any contractual obligations such as MPF), your employer is the one in the doo-doo if they don't match up.

    In case you were not aware of this document, it sets out which party is responsible for provision of information

    http://www.immd.gov.hk/pdforms/ID(E)991.pdf

  6. #6

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    @HK_Katherine gives sound advice.

    I would first go and inform your employer that you are aware of your options first before actually going to the labor department.

    My guess is that they will move very quickly after that.

    Also I would try to get away from that scamming company as soon as possible.

    Fiona in HKG, Titus and Artlife like this.

  7. #7

    Join Date
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    Do double check the difference isn't from the mandatory MPF contribution (5%).

    Fiona in HKG, spode, Titus and 3 others like this.

  8. #8

    Join Date
    Dec 2005
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    "An employer who makes illegal deduction from wages of an employee is liable to prosecution and, upon conviction, to a fine of $100,000 and to imprisonment for one year. "
    http://www.labour.gov.hk/eng/public/...seGuide/03.pdf

    Artlife and TheBrit like this.

  9. #9

    Join Date
    Apr 2008
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    734
    Quote Originally Posted by Elegiaque:
    Do double check the difference isn't from the mandatory MPF contribution (5%).
    MPF not mandatory the first year if I recall correctly.
    Artlife likes this.

  10. #10

    Join Date
    Oct 2012
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    Quote Originally Posted by henkka:
    MPF not mandatory the first year if I recall correctly.
    Oh! Still could be admin mistake? But it sounds like the company is fully aware of what they're doing.
    Artlife likes this.

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